Article 35A denied rights

Syllabus: Constitution of India

Why in NEWS

Chief Justice of India said Article 35A, which empowered the Jammu and Kashmir Legislature to define “permanent residents” of the State and provide them special privileges, denied fundamental rights to others.

Article 35A

Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state’s legislature to define “permanent residents” of the state and provide special rights and privileges to them. It was added to the Constitution through a presidential order, i.e., The Constitution (Application to Jammu and Kashmir) Order, 1954 – issued by the President of India under Article 370.

The special rights and privileges that Article 35A granted to permanent residents of Jammu and Kashmir included:

  • The right to own property in the state
  • The right to scholarships and other forms of aid from the state government
  • The right to government jobs in the state
  • The right to vote in elections to the state legislature

Article 35A was a controversial article, and there were many legal challenges to it. Some people argued that it was discriminatory against non-permanent residents of Jammu and Kashmir, and that it violated the right to equality guaranteed by the Constitution of India.

  • In August 2019, the Indian government revoked Article 35A through a presidential order.
  • This decision was met with protests in Jammu and Kashmir, and the state was placed under a security lockdown.
  • The revocation of Article 35A has had a significant impact on the status of Jammu and Kashmir.
  • Permanent residents of the state no longer have the same special rights and privileges, and they are now subject to the same laws as the rest of India.
  • This has led to concerns about the demographic changes in the state, and the potential for increased conflict between different communities.
  • The future of Jammu and Kashmir is uncertain.
  • The revocation of Article 35A has created a new political and legal landscape in the state, and it remains to be seen how this will play out.

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